Your Legal Questions Answered
In 2002 A Douglas County CO. ordered my son's father pay me child support ,back support and he was to pay medical insurance on Justin and was to pay 1/2 of further education. At first he paid the ordered amount, then he decided to pay $100 for a little while and then nothing. Can I get him for all back support since it's been 22 yrs. ago?
Under Colorado law, child support arrearages are treated as debts and become final money judgments when they are due and not paid, as affirmed in In re Marriage of Greenblatt. This legal principle signifies that the failure of your son's father to adhere to the court-ordered child support, including back support, medical insurance, and contributions to further education, may constitute a breach of legal obligation.
It is crucial to consider the statute of limitations in this context, which, according to In re Marriage of Morris, is set at 20 years for the collection of child support arrearages. This means you have a 20-year window from the due date of each installment to enforce the judgment and collect the owed amounts. Given that the non-payment in your case extends back 22 years, the enforceability of these arrearages may depend on the specific dates of the last payment and the due dates of subsequent payments that were not made. Further, exceptions and potential defenses could influence enforcement in your case.
As you can tell, determining whether all or a part of the arrearage is collectible requires a conversation with an attorney. I would suggest speaking with an attorney as soon as possible to discuss your options. The Colorado Judicial Branch also provide a lot of great information on child support collection, which you can find here. Finally, the Colorado Child Support Services Program may also be able to help.
If you would like to speak with one of our attorneys, please contact us at (303) 688-0944 to schedule a case assessment.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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